Mikhail An was appointed first deputy general director of VDNKh JSC for congress and exhibition activities - "informexpo"
Minister of Economy and Finance of the Moscow Region. Education: 2002 Drexel University (USA), majoring in Finance,...
Today we will be interested in working out upon dismissal of one's own free will. This process is of concern to all workers who decide to terminate their employment contracts with their employers. What does it mean to dismiss on your own initiative? What nuances of the procedure should you pay attention to? Do you always have to work the allotted time? Or maybe there are some secrets that allow you to quickly break off an employment relationship? The answers to all these questions and more will certainly be presented below.
What does voluntary dismissal entail? Is there a workaround in this case or not? Does it always happen?
It is not difficult to understand all this. Especially if you carefully read the Labor Code of the Russian Federation. It spells out all the features of labor relations. And dismissal is no exception.
Who has the right to terminate relations with an employer on their own initiative? Any employee officially employed. So, you can quit after concluding a contract or during the probationary period. The main thing is that no one has the right to interfere with this operation.
According to the relevant article of the Labor Code of the Russian Federation, dismissal at one's own request almost always provides for service. A citizen who decides to leave his previous place of work must inform his boss in advance of his intentions.
It is necessary to submit a letter of resignation no later than 14 days before the termination of the employment relationship. This rule was invented so that the employer could find a replacement for the dismissed employee.
What's next? According to the law, work upon dismissal at one’s own request in our country lasts 2 weeks. That is, as soon as a person submits a letter of resignation to the employer, the process begins leading to the termination of the contract between the employer and employee. And it is implemented, starting with testing.
This period, as already mentioned, is mandatory. You won't be able to quit right away. This is only possible in exceptional situations.
The Labor Code (Article 80) also provides for this option. Quitting voluntarily does not always mean having to work another 2 weeks. Part 3 of this article states that sometimes you can immediately leave your previous job.
The legislation provides for no work if:
In other cases, as a rule, citizens must remain at work for 2 weeks from the date of filing a letter of resignation. But everything is not as simple as it seems. The Labor Code has a number of inaccuracies that cause controversy on the topic being studied.
For example, it is safe to say that employees are required to communicate in advance about their decision to leave the organization. The legislation of the Russian Federation obliges subordinates to this act. But nothing more.
As soon as an application for voluntary dismissal is drawn up and submitted, the work begins counting down the time. Only in Russia there are no clear instructions regarding actual work after notifying the employer of intentions to leave work.
What does it mean? As we have already found out, it is the responsibility of a citizen to submit an application in the specified form with a request to dismiss him at his own request. However, working out is not mandatory. There are a number of secrets that will help you avoid this part of the dismissal. They are all completely legal.
It is clear under what circumstances dismissal of one’s own free will is possible without work. Article number 80 of the Labor Code (clause 3) indicates that the employer is obliged to end the employment relationship with the subordinate at the time specified in the application. Situations in which work cannot be requested are also spelled out here.
But the peculiarities of terminating labor relations do not end there. Some employees are interested in whether it is possible to take sick leave and then quit without working off. Does an employer have the right to call a person back from sick leave to work before dismissal?
The answer is simple: no, the boss cannot do that. As we have already found out, in the legislation of the Russian Federation there are no real indications that an employee is obliged to actually work for a couple of weeks. Therefore, they cannot call him back from sick leave. It doesn’t matter whether we are talking about a paid break or not. The main thing is that in this case no work will be required. All demands to go to work while on sick leave can be ignored.
What to do if at the time of the decision to dismiss the employee is on vacation? Dismissal at will without work reveals new secrets to all company employees. What are we talking about?
While on vacation, an employee, as in the case of sick leave, cannot be invited to work for work. This means you can simply go on vacation and wait for the relationship to end. This technique is used quite often in practice.
In fact, the issue being studied has a huge number of features. For example, dismissal of a pensioner at his own request without service is not always possible.
From everything said earlier, it follows that such a right is granted only to citizens who decide to retire upon reaching retirement age for the first time, that is, to apply for a pension.
If the pensioner is employed again, then the general rules of dismissal apply to him. This means that an elderly person must notify in advance of his desire to leave the organization and work for the 14 days required by law. Or the pensioner can use the secrets suggested earlier in order to avoid additional work.
There is also a way to terminate an employment relationship within three days. This situation occurs in real life. When is it possible?
Work upon voluntary dismissal will not be required if:
Accordingly, you will have to file a resignation letter in accordance with all the required rules and wait 3 days. This period is considered a working period, but all the previously presented secrets apply to it. For example, you can take sick leave for these 3 days.
The life of a modern person is multifaceted and unpredictable. Therefore, the labor legislation of the Russian Federation tries to provide for various life situations related to the dismissal of a person.
Do you want to resign at your own request without having to work? The same Article 80 of the Labor Code spells out many reasons why this right is granted to citizens. We know most of them.
Other circumstances exempting from working off include:
Of course, all these circumstances will have to be documented. The papers are attached to the resignation letter. Otherwise, you need to work the legal 2 weeks.
Despite the fact that actual work does not take place in the Russian Federation, some citizens prefer to agree with it and do not use the proposed tricks for additional rest before dismissal. But why?
The point is that the time spent working is required to be paid. After all, in fact, the person is still listed as an employee. Accordingly, upon termination of the employment relationship, it will be possible to receive money for the time worked. The calculation is made without any special features, taking into account the salary of the subordinate.
How does voluntary dismissal occur without work? A sample application will be provided below. This is just a small template that will help you achieve the task.
The application form is written. The oral agreement in this case has no legal force. If you don’t want to work the allotted time just like that, then along with your resignation letter, you submit a request for vacation or sick leave. It is advisable to first go on vacation, and only then notify about your intentions to leave your previous place of work.
It is important to remember that the operation under study involves the fulfillment of certain obligations by both the employee and the boss.
So, when a subordinate leaves on his own initiative, he is obliged to notify his superiors in writing of his decision 2 weeks in advance. This is where his responsibilities end. Ideally, you should work for a couple of weeks before leaving your job, but this can be avoided. It is not forced by law.
But the employer has more obligations. He must:
You cannot prevent an employee from dismissing. And it is also prohibited to refuse to terminate his employment relationship.
Now it is clear which article regulates voluntary dismissal. Working out in this situation is possible, but no one is obligated to do it. Employees can take advantage of the tricks of the law and not work the allotted time.
In fact, for an employee, the method of dismissal studied is the simplest. But the employer needs to take into account many of the subtleties of the Labor Code. Only in this case will the procedure be considered legal. If the boss violates the current legislation, the employee can contact the Labor Inspectorate. It will cause a lot of trouble for a careless employer.
Labor legislation provides for the possibility of termination of work at the initiative of an employee at any time during the fulfillment of obligations.
Article 80 of the Labor Code of the Russian Federation - dismissal of one's own free will without working off; such grounds must be indicated in the application for termination of the employment contract.
As a general rule, the employer must be notified of the termination of the relationship 14 days in advance. In which cases exceptions are made and work is not required - all this will be discussed in this publication.
The law establishes a working period - the period after filing an application to terminate the contract, within 2 weeks.
This time is provided for the possibility of searching for a new candidate for the replaced employee, as well as transferring to the latter the matters within his competence. Within 14 days, a new person must be found for the vacant position who will be ready to begin performing work duties.
This is a standard rule. In some cases, the period may be reduced to 3 days or increased to 1 month.
When the working period is 3 days:
It is necessary to work for a month in the following cases:
Important to know: During work, for any reason, the employee must properly perform his job duties on the basis of the contract concluded with the employer and job descriptions. If personnel fail to show up for work, dismissal under the article is possible.
The legislation does not provide for such a concept as “working off”. This term is not of a legal nature and means a warning to the employer for a certain period of time about termination of the contract with the fulfillment of obligations as usual within the specified period.
Other grounds for termination of relations the next day after filing an application may be established by an employment contract, internal labor rules in an organization or individual entrepreneur.
These include:
This is interesting: During the working period, if a new person is not found for the vacant position, the employee has the right to cancel the resignation letter. In this case, the employer cannot prevent the employee from taking the notice and continuing to perform work duties as usual.
If a person is fired but has not been paid his wages, he has the right to demand a calculation taking into account the accrued penalties. The penalty is assumed to be equal to 1/300 of the refinancing rate for each day of delay. This is indicated in the application to the court or labor inspectorate.
Payments are established by a court order or decree, which, upon entry into force, are binding on the enterprise. Collection is carried out by the Service forcibly on a compulsory basis.
In exceptional cases, no work is required:
In an application for termination of a contract without working within the framework, the following details must be indicated:
The document contains the date of submission of the application and the signature of the employee.
You can download a sample letter of resignation without service.
Please note: There is no unified form of the document, but it is better to take a sample as an example, this will help to avoid errors when filling out. In addition, amendments may often be made to the document form.
The paper is prepared in two originals: one is given to the employer, the second is marked with receipt indicating the date and number of the incoming person. It remains in the employee’s hands in order to confirm his intentions and to provide an evidentiary basis in the event of a dispute.
In order to receive dismissal without service, you must complete the following steps:
Good to know: The calculation upon dismissal includes the amount for annual paid leave, bonuses and other payments due to the employee for the period of activity. Personnel cannot be deprived of these benefits due to urgent leaving of their workplace. All amounts are subject to personal income tax in accordance with the procedure adopted for tax accounting, and deductions are also made to the Pension Fund of the Russian Federation and the Social Insurance Fund of the Russian Federation.
As can be seen from the content of Art. 80 of the Labor Code of the Russian Federation, there are quite a lot of circumstances that make it possible to complete work without working off. You may not go to your place of employment the next day after submitting your application if the employer violates the terms of the employment contract or the employee has valid reasons for urgent termination of obligations.
The main thing is to fill out the documents correctly: an application and, if agreed with the company, an agreement to terminate the employment contract without working out.
Watch the video in which a specialist explains the nuances of voluntary dismissal with and without work:
Currently, labor relations are well developed. In order to regulate them, a special branch of civil law was created - labor law. According to its code, every citizen is obliged to notify his employer in advance of his desire to quit.
The application must be submitted two weeks before the date of termination of work. But not everyone knows that there are exceptions to this point. If necessary, you can quit without working. Do not forget that labor law primarily protects workers, not employers. True, writing a statement quickly will not be enough.
Few people know that every employee has the opportunity to quit right on the day of filing an application. This can be done under certain conditions. It's important to know how to quit without working properly so that later there will be no problems with work.
The easiest way to quit a job without working off is by peaceful agreement of the parties. In Article 77 of the Russian Labor Code It is noted that it is possible to dismiss an employee on the day the application is submitted if neither party has any claims against each other on this issue. Before looking for an answer to the question of whether it is possible to quit without working and how to do it, you should just talk with your employer and try to negotiate peacefully. In addition, the leaving employee can recommend someone to his place of work. Such a replacement could significantly speed up the process of his dismissal.
Do not forget about Article 80 of the Labor Code of the Russian Federation. It allows you to resign without working out if the employee has the means to do so. good reasons. These include:
A complete list of reasons can be found in the special rules of each individual company. Having decided on the reason, you will need to check whether it is on the list. It can be quite extensive. For example, if a woman quit her job because her husband was transferred to a service in another city, this is also a valid reason.
As for violation of the labor code or law by the employer, in this case the employee will need file a complaint with the court or labor authority. It must be drawn up according to all established rules. It doesn’t matter whether the employee draws it up independently or with the help of a lawyer. If the court establishes a violation of the labor code or law, the employee may request dismissal from the company without two weeks of work.
If an employee becomes aware that the employer has violated the employment contract or the law, then he should not immediately refuse to go to work after submitting the application. This must first be confirmed by the court. Otherwise, failure to show up for work within the required 2 weeks of work may well be regarded as absenteeism and have corresponding negative consequences for the employee. For example, an employee who refuses to perform his duties at the enterprise without a good reason may be dismissed under the article for absenteeism. Such a dismissal may have a negative impact on the search for a new job.
The Labor Code also provides for conditions under which one can quit one’s job. possible within three days without two weeks of work. Their list includes:
There are some other reasons that will allow you to avoid working for two weeks before dismissal. For example, during this period the employee can use the remaining days of absence at his disposal. Upon written request, the employee will be able to go on vacation for the prescribed period followed by dismissal. But it is important to note that this is only the good will of the employer, and not his direct responsibility. Therefore, he may not provide such an opportunity to the employee.
This option is also acceptable if, at the time of the employee’s work, there will be a period of incapacity. In this case, the dismissal will be confirmed in absentia on the day on which the application was submitted. In addition, the employer will have to pay him for the entire period of incapacity for work.
Reasons for dismissal may vary. Regardless of them, the person resigning must be aware of the legal intricacies of this procedure in order to prevent violation of his rights, comply with formalities and verify the legality of management’s requirements. The latter concerns the procedure for dismissal without service.
If an employee wishes to leave an organization where he has worked for some time, he should notify his management. Art. 81 of the Labor Code of the Russian Federation not only obliges him to do this, but also even fixes the period within which it is recommended to do this. It is 14 days and begins from the moment the manager is notified. During these two weeks, the employee must attend mandatory work.
The Labor Code of the Russian Federation also defines special cases in which it is not necessary to work. However, insufficiently honest managers prefer to remain silent about them for their own personal gain.
There are also special groups of subordinates who may not work. For example:
A person who has adopted a child can also quit without working in order to care for a minor.
Upon careful study of the Labor Code, it is impossible to find the wording “an employee must work 14 days before resigning.” But there is a special article about the manager’s warning and it must be observed. If the employer has somehow exceeded his authority, the deadline is abolished and the dismissal procedure itself is slightly changed.
Also, the Labor Code does not contain information about what an employee should do during these two weeks. Nevertheless, if the employee gave notice of dismissal and took sick leave, he does not need to work after leaving. The same is true with unused vacation days, which can be made up in two weeks of forced waiting.
An employee does not have the right to be denied sick leave or vacation. It is only important to notify your boss of your desire or submit the relevant medical certificates. Otherwise, the fact of failure to appear at the workplace is considered as absenteeism and the employee may be dismissed with a corresponding entry in the work book.
If the manager’s actions do not comply with the requirements of the Labor Code (for example, the manager refused to fire an employee), dismissal without two weeks of service is also possible, however, proof of this fact will take longer than two weeks. If the fact of violation is proven, the manager will be obliged not only to cancel the employment contract, but also to pay a fine.
The most common situation is when an employee writes a statement of his own free will to the employer. In this case, it is important to indicate the request “exempt from mandatory service upon dismissal.”
Often, it is necessary to provide compelling evidence and documents demonstrating the urgency of the reasons for dismissal.
Information that must be provided in the application:
The algorithm for quick dismissal in one day is quite simple. It can be reflected in a separate clause of the employment agreement. The inclusion of such a clause is discussed in advance. Otherwise, the employer’s request to put himself in the employee’s position and fire him without working may also be effective.
The company's collective agreement may contain information about imminent dismissal of one's own free will without work, which is why it is so important to study it carefully. At the same time, it may contain other conditions and circumstances that are beneficial to the person during dismissal.
If the manager ignores the tenets of the collective agreement, such behavior may become a reason for the employee to appeal to the labor conflict commission or to the court.
After this, the employee writes a regular application, substantiates the request with the reasons indicated above, and sends the application to the manager. The manager pays the employee the amount for the days worked and issues a work book.
There are other reasons, in addition to the above conditions, for which it is impossible to visit the workplace. However, they are not described in the articles of the Labor Code of the Russian Federation, so employees may not be aware of their right to dismiss at their own request without working off, but feel the need to use it.
However, many private and official reasons for dismissal without work are, in fact, quite conditional. An employee can find out about many of them in advance and, therefore, warn the manager. During this period, the manager will be able to find a replacement person and properly prepare the documentation.
The optimal solution to not attend work upon dismissal is to take leave. The employee has the right to go on vacation at the company’s expense, if he has not already done so, or at his own expense without compensation. It is important that the rest lasts at least 14 days. To do this, you must write an application. In this case, a written request for leave and notification that after the leave the employee will leave the organization are mandatory.
The Labor Code obliges employees to notify managers about vacation 30 days in advance. But a warning of this kind followed by dismissal leaves the employee the privilege of receiving vacation pay, rest and finding the next job.
If the employee has not used his vacation in advance and does not want to do this during the period of forced dismissal, he can receive compensation. An exception to this case are pregnant women and minor workers - for them leave is required, and compensation for it is not provided.
If an employee has two vacations, then he can receive either double compensation or single compensation, and use the second vacation for its intended purpose. It is prohibited to use two vacations in a row for recreation.
There are reasons why an employee will have to work for a period of time before leaving the organization. However, the period of such compulsory service upon dismissal takes only three days. . This type of processing is based on:
First of all, an application is filled out. The employee writes it, preferably in several copies. The first one must be certified by assigning it a registration number and signing it with the official responsible for the reception. The second copy is prepared in the same way and sent to the manager. This reinsurance procedure is necessary to be able to prove that the application was sent to the manager if the second document is damaged or lost.
There are also situations when the manager or his secretaries reject applications for dismissal, thereby violating the rights of subordinates. To eliminate the possibility of rejecting the application, you can send the document to the manager by mail with delivery notification.
During the forced wait, the manager is obliged to calculate how much the employee should receive for an incomplete month worked, whether the employee has vacation pay and whether he is entitled to other types of compensation.
For example, for all those days that the manager withheld payments due to the employee, he must pay a proportional amount of compensation for the delay in funds. To avoid this, it is important to make payments on time.
As for filling out the work book, the employer must also do this within two weeks. Withholding a work book is interpreted by the Labor Code of the Russian Federation as a serious offense, since it limits the right of a former employee to find a new place of activity. To return the book, the employee writes a statement to the labor conflict commission or goes to court.
The manager is not held accountable for withholding the work book if the employee ignored the invitation to pick it up and the notification of delivery of documents by mail.
The employer is also required to make entries in the employee’s personal card.